[rosie9025]

Hi everyone I am new to the board and maybe this question has been brought up before. If I went with legal guardianship instead of adoption would it somehow effect the rather TPR happens, that the judge favors adoptions over of legal guardianship?

Thanks
rosie

[waiting home]

It really depends on a couple of things. First of all the judge for sure.

Second would be the child's age.

When you adopt (which most adoption courts want to see happen to TPR'd kids) it is forever. They forever become part of your family and are entitled to anything your biological children would be entitled to such as inheritence.

Guardianship only lasts until the child turns 18 or the judge can determine that it continues longer if the young adult is unable to care for themselves (make decisions for themselves, etc.)

Most young children who are TPR'd would usually end up with a permanency goal of adoption instead of guardianship.

Older children (teens who do not want to be adopted) are the one's the judge would more likely rule for guardianship.

But who knows, individual cases are different so anything is possible.

Are you partial to guardianship over adoption? Or just curious about the difference?

[michellemartin]

With guardianship the birthparent can also petition to get the child back at a later date. I guess it just doesnt seem as secure for the child. But if you're willing to take that risk then I see nothing wrong with guardianship. I noticed that in your profile you are looking to adopt a relative, did I get that right? Other people here have had relative placements/adoptions and it might be a good idea to start up another thread asking what specific issues people (adoptive parents, adoptee's, and birthparents) in those circumstances have faced.

[Ms. Jackie]

Currently, in Iowa, this is not an option. As someone who spent ten years in foster care, I am VERY MUCH in favor of subsidized guardianship. It is good for kinship care situations and cases where an older child does not want to be adopted but wants permanency. For example, my birth mom is disabled, but was never abusive and is too low functioning to understand her rights being taken away. Her rights were terminated when I was 11, but I refused to be adopted because I knew she would think I was abandoning her or that she had been a bad mom. I still call my last foster family mom and dad and had my foster dad give me away at my wedding, with my moms in the front row, but did not want to be adopted by them for mom's sake. They understood and still love me like I was their legal daughter.